Racial Disparity Oversight Commission Report to the Governor

Wisconsin Office of Justice Assistance 1 S. Pinckney Street, Suite 615 Madison, WI 53703-3320 Jim Doyle Governor Racial Disparity Oversight Commission Report to the Governor

This and other publications are available at: www.oja.wi.gov

Table of Contents Focus on Racial Disparity Issues...1 2008 Commission on Reducing Racial Disparities Report...1 Creation of the Racial Disparities Oversight Commission (RDOC)...2 Oversight undertaken by RDOC...2 Department of Corrections...2 Department of Transportation...3 Individual jurisdictions...3 Justice Reinvestment...4 Advocacy Work undertaken by the RDOC...4 Updating Public Defender eligibility standards...4 Conferences and Individual Activities...4 Law Enforcement and Community Justice Council Trainings...4 Additional Commission Activities...5 Appendices...6

Wisconsin residents can benefit from a comprehensive and coordinated strategy to reduce racial disparities within the criminal justice system. Governor Jim Doyle Focus on Racial Disparity Issues Governor Jim Doyle, in Executive Order #251, continued the process of working to ensure the fairness-in-practice of the Wisconsin criminal justice system that had begun with the creation in 1999 of the Governor s Task Force on Racial Profiling by Governor Tommy Thompson; the submission of the report of that Task Force to Governor Scott McCallum in 2000; and the 2007 creation by Governor Doyle of the Commission on Reducing Racial Disparities (CRRD) in the Wisconsin justice system. In creating the CRRD, Governor Doyle entrusted to a panel of citizens, including members of the judiciary, representatives of law enforcement, religious leaders, legislators, business owners, attorneys and educators the tasks of examining the workings of the Wisconsin criminal justice system and recommending strategies to reduce the racial disparities documented in U.S. Bureau of Justice Statistics and other studies. From the beginning charge Governor Doyle gave to the CRRD at its first meeting in April, 2007 through the February, 2008 submission of its Final Report 1, the CRRD considered the statements of citizens from various localities throughout the state; heard testimony from educators and local officials; studied data submitted regarding arrest and incarceration rates; and considered policy considerations that would impact the decisions by all the stakeholders in the justice system. 2008 Commission on Reducing Racial Disparities Report Mindful of the need to ensure that public safety was a primary consideration in all its deliberations, the CRRD not only relied on the law enforcement representation on the Commission, but sought input from law 1 The Commission on Reducing Racial Disparities in the Wisconsin Criminal Justice System: Final Report was released in February 2008 and can be located at ftp://doaftp04.doa.state.wi.us/doadocs/web.pdf. enforcement officers at public hearings and Commission meetings. The report submitted by the CRRD detailed the meetings and public hearings that formed the bases of its deliberations. Under the cochairmanship of Chief Wray and State Sen. Spencer Coggs, the CRRD met in Milwaukee; Waukesha; and Madison. The meetings served as the opportunity for the Commissioners to hear from experts in the justice field and the workings of the Wisconsin system. The public hearings in Racine; Beloit; Wausau; Madison; Milwaukee; and Green Bay gave members of the public the opportunity to be heard as to their personal experiences with and observations of the justice system. Summaries of the hearings and meetings were contained within the report. The CRRD report contained fifty-seven specific recommendations the Commissioners believed would be the foundations of improving outcomes for those who entered the state s juvenile and criminal justice systems. Those recommendations included improving data collection and validation practices; having appropriate state agencies collaborate in monitoring, tracking, and educating the public as to issues relating to racial disparity; and The Commission recognized that overall respect for and faith in the fairness of the justice system requires that it not only treat all of its citizens fairly, but also that it provides protection for these citizens.the Commission notes that progress in avoiding overincarceration of minorities should not be made at the expense of victims of crimes Protection must also remain for those victims who live in challenged neighborhoods. recognizing the leadership roles that various

members of the legal system can exercise in correcting systemic factors that contribute to the racial disparity noted in government and agency studies. In making its recommendations, the CRRD emphasized that there are behaviors and threats to public safety that require some citizens to be removed from the general community. The recommendations sought to address factors that, in addition to attempting to create systemic fairness, also recognized that most defendants who are removed from the general population and placed in custody, will one day return to the community. The CRRD made a specific point of stating that, the justice system should correct any practices that might lead to disparate treatment of people of color in the charging and court processes. Additionally it was recommended that there must be services; treatment; and appropriate supervision necessary for a safe and successful re-entry of released inmates. The Commission is aware that disparity (a statistical pattern) is not discrimination (a possible illegal act). Some disparity is due to differences in the rates of crimes committed, and also to social and economic factors not arising directly from the operation of the criminal or juvenile justice system, such as gaps in the levels of education, employability, income, available health care and many other areas. Creation of the Racial Disparities Oversight Commission (RDOC) In Executive Order #251 ISSUED IN May 2010, Governor Doyle created the Racial Disparities Oversight Commission (RDOC) and stated its membership should include representatives of law enforcement, the legal profession, the judiciary, and the criminal justice system. The RDOC received a mandate to: exercise oversight over and advocacy concerning programs and policies to reduce disparate treatment of people of color across the spectrum of the criminal justice system. The four Commissioners appointed by the Governor to fulfill the charges of the Executive Order had each previously served as members of the CRRD. Chairman Noble Wray, Chief of the Madison Police Department, was joined by Milwaukee County District Attorney John Chisholm; State Public Defender Trial Division Deputy Director Jennifer Bias; and Dane County Circuit Court Judge James Martin. Oversight undertaken by RDOC The RDOC set as its initial focus those portions of the Executive Order which mandated oversight of and actions by state executive agencies, including the Department of Corrections (DOC); the Department of Transportation (DOT); and the Office of Justice Assistance (OJA). The earliest RDOC meetings centered on reviewing Department of Corrections submissions and activities. Department of Corrections In the early meetings of the RDOC, the Department of Corrections reported that, in response to Executive Order #251, the DOC Secretary established a standing committee to develop, implement, and monitor a department strategic plan to address the directives in the Executive Order and other recommendations of the CRRD. The committee was chaired by the Deputy Secretary and included representatives from adult institutions, community corrections, juvenile corrections, and management services. The DOC submitted an Action Plan dated September 9, 2008 that identified those directives from the Executive Order that applied to the DOC. The Action Plan reported the status of the DOC efforts in meeting the goals and mandates of the order, reviewing the existing efforts of DOC to meet the goals of the Executive Order and establishing timelines for

meeting the mandates of the Action Plan. The DOC also submitted to the Commission a report entitled Reentry: A Bridge to Success and dated February, 2008 which identified a DOC intent for most inmates to start focusing on their return to the community not just before they leave prison, but the day they enter prison utilizing an initiative designed to increase the number of prisoners who live productive, lawabiding lives after their return to the community from prison. That report included a list of reentry partners the DOC had identified; partnerships the DOC had developed with treatment providers and advocacy organizations; and noted that the DOC had appointed the first Reentry Director in the history of the Department. Throughout the period of the RDOC oversight of the Department s efforts to implement the mandates of the Executive Order, the DOC has cited its concurrence with the comments of Governor Doyle that One agency cannot accomplish community safety on its own. That s why the state has enlisted the help of critical partners and built upon these relationships to accomplish reentry goals. The emphasis on reentry bears a direct relationship to the CRRD report observation that most of the inmates served by the DOC would eventually return to the community. A further statement of the DOC s recognition of the importance of reentry planning was demonstrated by the DOC submission to the Commission of its Tribal Action Plan dated May 13, 2009. The plan included program descriptions of community-based services specifically working with tribal members who were under the Department s supervision, and detailed Department efforts to strengthen the family unit, encourage lawful behavior, and provide local treatment programs. In Executive Order #251, the DOC was specifically mandated to: ensure that inmates eligible for driver s licenses be given the opportunity to work towards obtaining or re-instating a license, or in situations where a driver s license is not available, ensuring a valid state identification card is made available. The DOC reported that, in partnership with the Department of Transportation (DOT), it has implemented the Inmate ID program to streamline the process of obtaining a state ID card for inmates nearing release and a driver s license recovery program for eligible offenders in Milwaukee. Department of Transportation At its November 18, 2008 meeting, the Commission received a briefing from representatives of the Department of Transportation led by Major Daniel Lonsdorf, Director of the Bureau of Transportation Safety, including an explanation of the data the Wisconsin State Patrol (WSP) had available and the racial profiling policies of the WSP. In its 2009 Highway Safety Annual Report, the DOT noted the Wisconsin State Patrol specifically collects racial profiling data on consent searches and has the ability to analyze nearly every stop made through electronic connections with the Wisconsin Department of Justice. The availability of the TraCS system was identified as a mechanism that could be used for the formal process of collecting and analyzing on a statewide basis, racial profiling information for all law enforcement agencies. Individual jurisdictions The Commission also followed the progress of individual jurisdictions throughout the state as they developed initiatives that would impact racial disparities. During the deliberations of the CRRD, presentations by representatives of the VERA Institute of Justice detailed studies of the Milwaukee County District Attorney s Office and its charging practices related to low-level misdemeanor offenses. The VERA Institute has

continued its study of the Milwaukee County system-improvement efforts, including noting the implementation of its first electronic case management system. In response to requests from community members, the Commission conducted a public hearing prior to its July 2, 2009 meeting. Particularly noteworthy were comments from both law enforcement representatives and prosecutors that note should be made of the difficulty those two disciplines experienced in attracting and keeping employees who were people of color. The Commission was reminded that it is not enough to want to be inclusive. There must also be applicants who will accept the positions and remain in the communities. Justice Reinvestment During the period the RDOC was conducting its deliberations, additional efforts were made to improve the state s administration of justice through Justice Reinvestment. Governor Doyle, Chief Justice Abrahamson, Senate President Fred Risser, and Speaker of the House Michael Huebsch sought the help of the Council of State Governments Justice Center in developing a strategy to reduce spending in Corrections and improving public safety. In January 2009, a Special Committee on Justice Reinvestment Oversight was established to guide the Justice System analyses of the criminal justice system and development of policy options. Advocacy Work undertaken by the RDOC Updating Public Defender eligibility standards As part of the advocacy role established for the RDOC in the Executive Order, on August 19. 2009, the Commission, citing the findings and recommendations of the CRRD report, passed and submitted to the Governor s Office a Resolution supporting legislation that was pending in the State Legislature that would update Public Defender eligibility standards from the 1987 standards that had been in place. On March 17, 2010, Governor Doyle signed what had been Senate Bill 263 into law, expanding state financial eligibility for Public Defender representation to current W-2 limits, generally 115% of the federal poverty level. The RDOC support of the bill relating to Public Defender eligibility was a complement to the support the Wisconsin State Public Defender had provided the Commission and its education efforts. That support began with a Resolution passed by the Public Defender Board in August 2008 indicating that all attorneys throughout the agency should, consistent with the mission statement of the State Public Defender, educate the public on racial disparity issues; share information about racial disparity with judges, prosecutors, and law enforcement; and partner with others to work towards eradicating disparities. Conferences and Individual Activities The 2009 Annual Criminal Defense Conference sponsored by the Wisconsin State Public Defender (SPD) held in Milwaukee September 24 & 25, 2009 was entitled And Justice for All? Racial and Ethnic Disparity in the Criminal Justice System. By showcasing the disparity issue at its signature training event for attorneys practicing statewide, the SPD was a significant ally in meeting the CRRD and RDOC mandates to educate and advocate on behalf of remediating disparities. On August 27, 2009, Commission Chairman Wray addressed the Indiana State Bar s Summit on Racial Disparities in the Juvenile Justice System. The report of the CRRD was added to the Resource Guide released as a result of the summit. Commissioner Chisholm acted as a consultant to the state of Delaware as that state worked on its disparity-reduction efforts, and the work of the Commission was the subject of a presentation at the May 2010 meeting of the Milwaukee County Community Justice Council. Law Enforcement and Community Justice Council Trainings The role the law enforcement community could play in similar education efforts was demonstrated by the joint sponsorship by the Madison Police Department and the University of Wisconsin Police Department of a training geared towards police agency executives on December 1-3, 2008. Dr. Lorie Fridell, Former

Director of Research at the Police Executive Research Forum (PERF) and current Professor at the University of South Florida presented A Comprehensive Agency Response to the Issues of Racially Biased Policing and the Perceptions of its Practice to command staffs of both departments, exposing local law enforcement agencies to a top-down approach to having the discussion of racial disparities in a manner that did not treat the accumulation of data and discussion of racial issues as one about which law enforcement should be on the defensive. In response to the success of that training, in July 2010, the RDOC sponsored training for law enforcement executives from around the state, extending invitations to the Chiefs of Police from among the state s largest jurisdictions, and encouraging them to recommend appropriate stakeholders from their respective communities for attendance at a second training which would occur at the end of August 2010. The responses to the training were overwhelmingly favorable, with attending jurisdictions requesting far more slots at the second training than were available, and with additional jurisdictions that heard of the training at association meetings asking to be included. The second training was attended by alderpersons; Fire and Police Commission members; educators; representatives of the Department of Corrections; as well as officers from the previously-represented jurisdictions. included discussions of the CRRD report and the resulting actions of community leaders and justice system stakeholders. The RDOC paid particular note to the response of Dane County Executive Kathleen Falk to the CRRD report. In September, 2008, County Executive Falk created the Dane County Task Force on Racial Disparities in the Criminal Justice System and directed that the Task Force provide analysis and make recommendations necessary to reduce racial disparity in the juvenile and adult criminal justice system. In September 2009, the Dane County Task Force released a report containing findings and recommendations on which it continues to work and in support of which Task Force members continue to provide advocacy. The effort to inform communities of the importance of addressing the issues relating to racial disparity and of the strategies developed in Wisconsin have continued throughout the life of the RDOC. In September 2008, the Sentencing Project named the CRRD and its report a national Best Practice for state commissions in its publication Reducing Racial Disparities in the Criminal Justice System: A Manual for Policymakers and Practitioners. In addition to seeking ways to provide training on the subject to line-officers in their respective departments, the represented jurisdictions initiated efforts to have trainings provided local Community Justice Councils so that the positive discussion of addressing issues relating to race could continue, particularly as Wisconsin began the compilation of data as mandated pursuant to Traffic Stop provisions to take effect in 2011. Additional Commission Activities The RDOC, through the Office of Justice Assistance, provided support for the 2010 Racial Justice Summit sponsored by the Dane County YWCA. That conference, along with the 2009 Summit for which the Office of Justice Assistance also provided financial support,

Appendices A. Executive Order #189 Relating to the Creation of the Commission on Reducing Racial Disparities in the Wisconsin Justice System B. Executive Order #251 Relating to the Findings of the Commission on Reducing Racial Disparities in the Wisconsin Justice System and the Creation of the Racial Disparities Oversight Commission C. Resolution of the State Public Defender Board (August 27, 2008) D. Resolution of the Governor s Racial Disparity Oversight Commission (August 19, 2009) E. Resource List

EXECUTIVE ORDER # 189 Relating to the Creation of the Commission on Reducing Racial Disparities in the Wisconsin Justice System WHEREAS, disparate treatment of people of color occurs across the spectrum of the criminal justice system throughout the nation; and WHEREAS, African-Americans and Hispanics constitute a disproportionate percentage of incarcerated populations in Wisconsin; and WHEREAS, in January 2007, the National Council on Crime and Delinquency reported that young African-Americans in Wisconsin are imprisoned at 18.4 times the rate of white youth and that young Hispanics in Wisconsin are imprisoned at 3.9 times the rate of white youth; and WHEREAS, disproportionate minority contact has been an area of interest for the Wisconsin Sentencing Commission, the Governor s Juvenile Justice Commission, and the Legislature s Black and Hispanic Caucus; and WHEREAS, Wisconsin's leaders from business, government, the justice system, and community groups must be smarter and must work harder to help prevent people of color from entering the criminal justice system; and WHEREAS, Wisconsin residents can benefit from a comprehensive and coordinated strategy to reduce racial disparities within the criminal justice system; NOW, THEREFORE, I, JIM DOYLE, Governor of the State of Wisconsin, by the authority vested in me by the Constitution and the laws of this State, and specifically by Wis. Stat. 14.019, do hereby: 1. Create the Commission on Reducing Racial Disparities in the Wisconsin Justice System (the Commission ); 2. Direct the Commission to: a. Determine whether discrimination is built into the criminal justice system at each stage of the criminal justice continuum of arrest through parole; and b. Recommend strategies and solutions to reduce the racial disparity in the Wisconsin criminal justice system; 3. Provide that members of the Commission shall be appointed by the Governor to serve at the pleasure of the Governor; 4. Provide that the members of the Commission will be comprised of no more than 24 members of stakeholders including representatives from law enforcement, the financial industry, the legislature, the legal profession, the clergy, the judiciary, and the criminal justice system;

5. Provide that there will be two (2) co-chairpersons of the Commission and that these co-chairpersons shall be designated by the Governor from among the Commission s membership; 6. Direct the Office of Justice Assistance to provide basic staff support to the Commission, and all state agencies to provide information and assistance to the Commission at its request; and 7. Direct the Commission to submit a final report on its findings and recommendations to the Governor by October 1, 2007, and that the Commission shall dissolve when its final report is accepted by the Governor. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Wisconsin to be affixed. Done at the Capitol in the City of Madison this twenty first day of March in the year two thousand seven. JIM DOYLE Governor By the Governor: DOUGLAS LA FOLLETTE Secretary of State

RESOLUTION OF THE STATE PUBLIC DEFENDER BOARD WHEREAS; The State Public Defender Board of Directors recognizes that people of color receive disparate treatment in the Wisconsin criminal justice system and that African Americans and Hispanics constitute a disproportionate percentage of incarcerated populations in Wisconsin. WHEREAS; People of color do not commit more crimes, yet, in Wisconsin, people of color have more contact with law enforcement, are arrested more often, are prosecuted more often, are found guilty more often, and are sentenced to longer sentences. WHEREAS; We believe that there is substantial evidence of racial disparity in Wisconsin s justice system. WHEREAS; We believe that action is necessary to address this injustice. The SPD is uniquely situated to shed a bright light on the issues that the criminal justice system needs to address. Through litigation, community work and other efforts, the SPD can point to instances of injustice and unfairness and advocate for race neutral treatment. THEREFORE, BE IT RESOLVED: The State Public Defender Board of Directors supports the staff as they engage in the following activities in an effort to eradicate racial disparity in the Wisconsin criminal justice system that is wholly consistent with the State Public Defender MISSION STATEMENT: Localize the racial disparity issue in their communities by sharing information about disparity with judges, prosecutors and law enforcement; Educate the public and stakeholders on the prevalence and effect of racial disparity in their local communities; Create opportunities for the public to participate in efforts to eradicate racial disparity in our justice system; Position the issue so that it is a topic of discussion until racial disparity in our justice system is eradicated; Partner with individuals, associations, groups, etc. to work on this issue and accomplish the above listed goals. Adopted August 27, 2008 by the State Public Defender Board. Daniel M. Berkos Chairperson, Public Defender Board

RESOURCES AND JUSTICE FOR SOME: Differential Treatment of Youth of Color in the Justice System, National Council on Crime and Delinquency, January 2007, http://www.nccd-crc.org/nccd/pubs/2007jan_justice_for_some.pdf GOVERNOR S TASK FORCE ON RACIAL PROFILING: Report, 2000, ftp://doaftp04.doa.state.wi.us/doadocs/racialprofilingreport2000.pdf COMMISSION ON REDUCING RACIAL DISPARITIES IN THE WISCONSIN JUSTICE SYSTEM: Final Report, February 2008, ftp://doaftp04.doa.state.wi.us/doadocs/web.pdf REDUCING RACIAL DISPARITY IN THE CRIMINAL JUSTICE SYSTEM: A Manual for Practitioners and Policymakers, The Sentencing Project, September 2008, http://www.sentencingproject.org/doc/publications/rd_reducingracialdisparity.pdf CREATED EQUAL: Racial and Ethnic Disparities in the US Criminal Justice System, National Council on Crime and Delinquency, March 2009, http://www.nccd-crc.org/nccd/pdf/createdequalreport2009.pdf DANE COUNTY TASK FORCE ON RACIAL DISPARITIES IN THE CRIMINAL JUSTICE SYSTEM: Final Report, September 2009, http://www.dccopa.org/documents/racial%20disparities%20tf%20final.pdf

This is a publication of the Wisconsin Office of Justice Assistance 1 S. Pinckney Street, Suite 615 Madison, WI 53703-3220 Phone: (608) 266-3323 Fax: (608) 266-6676 On the web at http://oja.wi.gov